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2016 Supreme(All) 257

ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL AND RAKESH SRIVASTAVA, JJ.
POWER GRID CORPORATION OF INDIA LTD. ....Appellant
Versus
JAGPAL SINGH AND OTHERS .....Respondents
(First Appeal Nos. 96, 74, 75, 77, 78, 80, 81, 82, 83, 84, 90, 92, 94, 95, 60, 62, 63, 64, 66, 68, 73, 76, 88, 93, 97, 98, 100, 102, 103, 104, 105, 106, 79, 72, 211, 236, 70, 99, 192, 208, 202, 194, 137, 196, 201, 190, 189, 206, 134, 235, 136, 71, 101, 198, 191, 193, 200, 195, 234, 220, 197, 204, 217, 140, 203, 218, 212, 219, 129, 205, 209, 210, 61, 67, 87, 65, 85, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 133, 135, 139, 143, 146, 147, 148, 168, 164, 172, 152, 165, 163, 156, 158, 153, 169, 160, 157, 170, 173, 643, 632, 647, 648, 650, 641, 637, 638, 69, 86, 91 and 162 of 2005, decided on 22nd February, 2016)

Advocates:
Counsel :
Arvind Verma, Piyush Bhargava for the Appellant; Siddharth Verma, S.C. Gupta, V. Sahai, B. Dayal, Madan Mohan Chaurasiya, A.L. Jaiswal, Anita Srivastava, S. Singh, Ranjeet Saxena, Prant Mishra and S.P. Gupta for the Respondents.

Headnote:Land Acquisition Act, 1894 – Sections 54, 17(1), 6(1), 9 and 18 – Land Acquisition – Compensation – Determination of market value – Size of land constitute an important factor to determine market value – Land was situated in an area where overall development already existed – Acquired land has its approach directly from National Highway – Area of acquired land of majority of landowners is less than 2000 square meters – Application of single exemplar for purposes of determining market value may not be justified – Reference Court applied exemplar where sale of land relates to a sufficiently bigger piece of land i.e. 6000 square meters – Rejection of other exemplars which provided higher value of land only on the ground that the same pertain to small piece of land was unjustified – Court below also not examined implications of various development activities going on or existing in area where acquired land is situated – A uniform determination of market value of Rs. 131/- per sq. meter relying on a sale-deed which relates to 6000 sq. meter of land held not justified – Impugned awards set aside – Directions issued. [Paras 28 to 138]

       Result; Appeals Allowed.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Arvind Verma, learned Senior Advocate, assisted by Sri Piyush Bhargava, Advocate, for appellants; and, Sri B. Dayal, Sri Madan Mohan, Sri Ranjeet Saxena and Sri S.C. Gupta, Advocates, for claimants.

2. All these appeals under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as the “Act, 1894”) have come up at the instance of defendant-Power Grid Corporation of India Ltd. (hereinafter referred to as the “PGCIL”) who has felt aggrieved by award/judgments dated 29th September, 2004 and 26th April, 2005, whereby Reference Courts have determined market value of acquired land at Rs. 131/- per square meter. All the appeals have arisen from award/judgment dated 29.9.2004 except First Appeals No. 632/2005, 637/2005, 638/2005, 641/2005, 643/2005, 647/2005, 648/2005 and 650/205 which have arisen from award/judgment dated 26.4.2005.

3. Some claimants/respondents have also filed Cross Appeals which we have detailed in a chart given at a later stage. Since, all these appeals and cross appeals have arisen from common acquisition proceedings and involve common issues, therefore, have been heard together and are being decided by this common judgment.

4. For the purpose of establishing 765/400/220 KV Transmission Sub-Station, PGCIL proposed to acquire more than 70 hectares of land in village ‘Mataur’ and ‘Samauli Salempur’, District Meerut. These two villages are adjacent to each other. Proceedings for acquisition of land, forcibly, were initiated under the provisions of Act, 1894. Notification under Section 4(1) read with Section 17(1) of Act, 1894 was issued on 13.2.1995 proposing to acquire 70.7562 hectares land (55.1754 hectares in village Mataur and 15.5840 hectares land in village Samauli Salempur). Notification under Section 6(1) read with Section 17(1) of Act, 1894 was published in Gazette dated 17.9.1995. Possession of acquired land was taken on 6.9.1996. The proposed acquisition included land in two villages of various Khasra numbers and areas, as detailed below :

Khasra No. meter)

Area (in Sq.No.

Khasra meter)

Area (in Sq.No.

Khasra meter)

Area (in Sq.

144

208

183

4110

184

160

187

1700

188

1976

189

908

190

1056

191

1810

192

1810

193

1030

194

1008

195

750

196

750

198

4536

199

4056

201

1660

202

1656

205

239

206

240

207

3886

208

2540

210

2590

211

1030

212

1030

213

1030

214

4059

215

4142

227

16

230

16770

233

1600

234

1620

235

2080

237

2090

238

2080

240

6610

241

6620

242

3106

243

3186

244

3186

247

5380

250

3640

251

2504

252

2744

253

264

255

3890

394

780

395

26960

396

1672

397

320

399

7800

401

1208

403

1700

 

 

 

 

Village - Samauli Salempur :

Khasra No. meter)

Area (in Sq.No.

Khasra meter)

Area (in Sq.No.

Khasra meter)

Area (in Sq.

144

208

183

4110

184

160

187

1700

188

1976

189

908

190

1056

191

1810

192

1810

193

1030

194

1008

195

750

196

750

198

4536

199

4056

201

1660

202

1656

205

239

206

240

207

3886

208

2540

210

2590

211

1030

212

1030

213

1030

214

4059

215

4142

227

16

230

16770

233

1600

234

1620

235

2080

237

2090

238

2080

240

6610

241

6620

242

3106

243

3186

244

3186

247

5380

250

3640

251

2504

252

2744

253

264

255

3890

394

780

395

26960

396

1672

397

320

399

7800

401

1208

403

1700

 

 

 

 

5. Notices under Section 9 were issued on 16.12.1995. Claimants-land owners filed objections claiming compensation at the rates, varying from Rs. 400/- to Rs. 1500/- per sq. yar

































































































































































































































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